N.Y. Arts and Cultural Affairs Law § 25.13: Licensing of ticket resellers

* § 25.13. Licensing of ticket resellers. 1. No person, firm or

corporation shall resell or engage in the business of reselling any

tickets to a place of entertainment or operate an internet website or

any other electronic service that provides a mechanism for two or more

parties to participate in a resale transaction or that facilitates

resale transactions by the means of an auction, or own, conduct or

maintain any office, branch office, bureau, agency or sub-agency for

such business without having first procured a license or certificate for

each location at which business will be conducted from the secretary of

state. Any operator or manager of a website that serves as a platform to

facilitate resale, or resale by way of a competitive bidding process,

solely between third parties and does not in any other manner engage in

resales of tickets to places of entertainment shall be exempt from the

licensing requirements of this section. The department of state shall

issue and deliver to such applicant a certificate or license to conduct

such business and to own, conduct or maintain a bureau, agency,

sub-agency, office or branch office for the conduct of such business on

the premises stated in such application upon the payment by or on behalf

of the applicant of a fee of five thousand dollars and shall be renewed

upon the payment of a like fee annually. Such license or certificate

shall not be transferred or assigned, except by permission of the

secretary of state. Such license or certificate shall run to the first

day of January next ensuing the date thereof, unless sooner revoked by

the secretary of state. Such license or certificate shall be granted

upon a written application setting forth such information as the

secretary of state may require in order to enable him or her to carry

into effect the provisions of this article and shall be accompanied by

proof satisfactory to the secretary of state of the moral character of

the applicant.

2. No operator's agent shall sell or convey tickets to any secondary

ticket reseller owned or controlled by the operator's agent.

3. The operator or the promoter shall determine whether a seat for

which a ticket is for sale has an obstructed view, and shall disclose

such obstruction. Every sale or resale of such ticket shall include a

disclosure of such obstructed view.

4. If any licensee under this section demonstrates that their business

provides a service to facilitate ticket transactions without charging

any fees, surcharges or service charges above the established price, on

every transaction, except a reasonable and actual charge for the

delivery of tickets, then the fees for licensing under this section

shall be waived.

* NB Effective until July 1, 2027

* § 25.13. Printing price on ticket. Every person, firm or corporation

who owns, operates or controls a theatre, place of amusement or

entertainment, or other place where public exhibitions, games, contests

or performances are held shall, if a price be charged for admission

thereto, print on the face of each such ticket or other evidence of the

right of entry the price charged therefor by such person, firm or

corporation. Such person, firm or corporation shall likewise be required

to print or endorse thereon the maximum premium (not to exceed two

dollars, plus lawful taxes), at which such ticket or other evidence of

the right of entry may be resold or offered for resale. It shall be

unlawful for any person, firm or corporation to resell or offer to

resell such ticket or other evidence of the right of entry at any

premium or price in excess of such maximum premium printed or endorsed

thereon, plus lawful taxes, or so that the ultimate price to the

purchaser of such ticket shall exceed a sum in excess of two dollars

over and above the original price charged for admission as printed on

the face of each such ticket or other evidence of the right of entry,

plus lawful taxes.

* NB Effective July 1, 2027